Crown Court: Trials

Ministry of Justice written question – answered at on 14 January 2025.

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Photo of Andrew Slaughter Andrew Slaughter Chair, Justice Committee, Chair, Justice Committee

To ask the Secretary of State for Justice, what metrics determine whether a Crown Court trial is classified as ineffective.

Photo of Andrew Slaughter Andrew Slaughter Chair, Justice Committee, Chair, Justice Committee

To ask the Secretary of State for Justice, whether trials in the Crown Court starting on day two or later are classified as ineffective.

Photo of Sarah Sackman Sarah Sackman The Minister of State, Ministry of Justice

If the trial does not go ahead on the scheduled day of listing due to action or inaction by the prosecution, the defence or the court (see list of reasons in table below), and a further listing for trial is required, it is termed ‘ineffective.’

Court

W1 - Another case over-ran

W2 - Judge / magistrate availability due to illness etc.

W3 - Case not reached / insufficient cases drop out / floater not reached

W4 - Equipment / accommodation failure

X - Insufficient jurors available

Defence

Q1 - Defence not ready: disclosure problems (inc. late alibi notice)

Q2 - Defence not ready: specify in comments (inc. no instructions)

Q3 - Defence asked for additional prosecution witness to attend

R - Defence witness absent

S1 - Defendant absent - did not proceed in absence (judicial discretion)

S2 - Defendant ill or otherwise unfit to proceed

S4 - Defendant absent - unable to proceed as Defendant not notified of place and time of hearing

T - Defence increased time estimate, insufficient time for trial to start

U1 - Defence advocate engaged in other trial

U2 - Defence advocate failed to attend

V - Defendant dismissed advocate

Other

S3 - Defendant not produced by PECS

W5 - No interpreter available

Y - Outstanding cases in a Magistrates' Court

Z - Outstanding cases in other Crown Court centre

Prosecution

M1 - Prosecution not ready: served late notice of additional evidence on defence

M2 - Prosecution not ready: specify in comments

M3 - Prosecution failed to disclose unused evidence

N1 - Prosecution witness absent: police

N2 - Prosecution witness absent: professional / expert

N3 - Prosecution witness absent: other

O1 - Prosecution advocate engaged in another trial

O2 - Prosecution advocate failed to attend

P - Prosecution increased time estimate - insufficient time for trial to start

Where a trial is not ready to go ahead, it is recorded as ineffective and listed again, either for the following day, or if not possible, for some future date agreed by the court. If the trial starts on the second day, it will then be marked as effective. However, if it is still unable to proceed on the second day, it will be marked as ineffective again.

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